Commentary on Judgment No. 39131 of 2023: DASPO and Measures to Prevent Sports Violence

The recent judgment No. 39131 of April 18, 2023, has raised important questions regarding the application of measures to prevent violence during sports events, particularly concerning the extension of the duration of DASPO (Prohibition of Access to Sports Event Venues). This article aims to analyze the legal implications of the judgment, clarifying the meaning of the terms and principles involved.

The Regulatory Framework of DASPO

DASPO, introduced by Law No. 401 of 1989, is a fundamental tool for ensuring safety during sports events. It provides for the imposition of a ban on access to venues where such events take place for individuals deemed dangerous. The judgment in question clarifies that, in order to apply an extension to the duration of DASPO, it is necessary for the recipient to have already received an administrative DASPO.

• Administrative DASPO is issued before any judicial conviction.
• Judicial DASPO is applied as an accessory penalty but is not sufficient on its own to justify an extension.

The Ruling of the Judgment

Measures aimed at preventing violence during sports events - Prohibition of access to venues where such events take place (so-called DASPO) - Extension of its duration pursuant to art. 6, paragraph 5, Law No. 401 of 1989 - Requirement of a prior administrative DASPO - Existence - Sufficiency of a prior judicial DASPO - Exclusion - Reasons. In the context of measures aimed at preventing violence during sports events, for the purpose of extending the prohibition of access to venues where such events take place (so-called DASPO) by increasing its duration, it is necessary that an administrative DASPO, as referred to in art. 6, paragraph 2, of Law December 13, 1989, No. 401, has been previously issued against the recipient of such measure. It is not sufficient that, against the aforementioned individual, the atypical accessory penalty of judicial DASPO, as referred to in art. 6, paragraph 7, of the cited law, has been previously imposed in conjunction with a conviction. (In its reasoning, the Court specified that this interpretation is supported, on the one hand, by the provision of art. 6, paragraph 5, second period, of Law No. 401 of 1989, which, in regulating the extension, explicitly refers to persons already subject to administrative DASPO, a provision which, affecting the freedom of movement, protected by art. 16 of the Constitution, is not subject to analogical interpretation "in malam partem"; and, on the other hand, by the different legal nature and the different application prerequisites of the two institutes).

The Court has therefore established that the extension of the DASPO duration cannot be applied in the absence of a prior administrative DASPO. This is a crucial point, as it clarifies the distinction between the two types of DASPO and emphasizes the importance of the administrative procedure in assessing the risk to public safety.

Conclusions

In conclusion, judgment No. 39131 of 2023 represents an important clarification regarding measures to prevent sports violence and the conditions for extending DASPO. It reiterates that administrative DASPO must precede any judicial intervention for extension, emphasizing the safeguarding of freedom of movement, a fundamental principle enshrined in our Constitution. This approach not only protects individual rights but also contributes to a fairer and more proportionate management of safety at sports events.